Poe v. Kelley

Filing 11

ORDER approving and adopting in their entirety the 10 findings and recommendation as this Court's findings in all respects; dismissing the 2 petition for writ of habeas corpus filed by Corey Poe; denying all requested relief; and denying a certificate of appealability. Judgment will be entered for respondent Wendy Kelley. Signed by Judge J. Leon Holmes on 7/6/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
COREY POE
v.

PETITIONER
NO. 5:16-cv-00047 JLH

WENDY KELLEY, Director of the
Arkansas Department of Correction

RESPONDENT

ORDER
The Court has received findings and a recommendation from Magistrate Judge
Patricia S. Harris. No objections have been filed. After a careful, de novo review of the
record, the Court concludes that the findings and recommendation should be, and hereby
are, approved and adopted in their entirety as this Court’s findings in all respects. The
petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner Corey
Poe is dismissed. All requested relief is denied, and judgment will be entered for
respondent Wendy Kelley. In accordance with Rule 11(a) of the Rules Governing Section
2254 Cases In The United States District Courts, a certificate of appealability is denied.1
IT IS SO ORDERED this 6th day of July, 2016.

UNITED STATES DISTRICT JUDGE

1

The Court is not convinced that petitioner can make a “substantial showing of
the denial of a constitutional right.” See 28 U.S.C. 2253(c)(2).